Kerala High Court
Venus Enterprises vs State Of Kerala on 15 September, 2025
Author: K. Babu
Bench: K. Babu
2025:KER:68532
W.P (C) No.31300 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
MONDAY, THE 15TH DAY OF SEPTEMBER 2025 / 24TH BHADRA, 1947
WP(C) NO. 31300 OF 2025
PETITIONERS:
1 VENUS ENTERPRISES
HEAD OFFICE AT 1ST FLOOR, NO. 2/628 PRASEETH
BUILDING, PALAZHIPALA, BYPASS ROAD JUNCTION,
KOZHIKODE-.
REPRESENTED BY ITS MANAGING PARTNER, SRI.
GAUTHAMAN R BRANCH OFFICE AT:- VENUS ENTERPRISES,
12-213 A,B,C,D,
MUNDUPARAMBA BYPASS ROAD, KAVUNGAL, MALAPURAM-
REPRESENTED BY ITS MANAGING PARTNER,
SRI. GAUTHAMAN R,
PIN - 673636
2 MUHAMMED NABHAN
S/O. SIDDIQUE KAZHUNGIL, KAZHUNGIL HOUSE,
AMBALAVATTOM P. O., EDARIKODE,
MALAPPURAM- ., PIN - 676501
3 ABDUL SALEEM. K
S/O. ABDUL SALAM, THALETHODI HOUSE,
PALLIKKAL P. O., MALAPPURAM., PIN - 673634
4 AKSHAY KUMAR K
S/O. BALAN. K, KEEZHANNIYIL HOUSE,
CHENAKALANGADI P. O., THENJIPALAM,
MALAPPURAM-, PIN - 673636
2025:KER:68532
W.P (C) No.31300 of 2025
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5 SREEJITH. C. P, S/O. MURALI,
CHENANGATTUPARAMPIL HOUSE, P. O. CHAPPANANGADI,
PARANGIMOOCHIKKAL, PONMALA, MALAPPURAM-,
PIN - 676503
BY ADVS.
SHRI.TERRY V.JAMES
SHRI.ABRAHAM KOLLINAL
SMT.IRIS S.R.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, LABOUR AND SKILLS
DEVELOPMENT DEPARTMENT, SECRETARIATE,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT LABOUR OFFICER
MALAPURAM 2ND FLOOR, B-3 BLOCK, CIVIL STATION,
UP HILL, MALAPPURAM-, PIN - 676505
3 THE ASSISTANT LABOUR OFFICER,
MALAPURAM ERNAD, MIDDLE HILL, UP HILL,
MALAPPURAM-, PIN - 676505
4 THE HEADLOAD WORKERS WELFARE FUND BOARD
MANJERI PRIYANKA AVENUE, NILAMBUR ROAD,
MAMPAD- WANDOOR ROAD, WANDOOR, MALAPPURAM
REPRESENTED BY CHAIRMAN, PIN - 679328
BY ADV
SHRI.K.S.ARUN KUMAR, SC
SMT.C.S.SHEEJA, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.09.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P (C) No.31300 of 2025
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K.BABU, J.
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W.P (C) No.31300 of 2025
---------------------------------------
Dated this the 15th day of September, 2025
JUDGMENT
The challenge in this Writ Petition is to Exts.P17 and P19
orders passed by the competent authorities under Rule 26A and
26C respectively of the Kerala Headload Workers Rules, 1981.
2. Petitioner No.1 is a partnership firm engaged in the sale of
concrete, cement, and plastic articles. The place where the shop is
situated is a 'scheme-covered area'. The petitioners preferred
applications under Rule 26A of the Kerala Headload Workers Rules.
Respondent No.3 rejected the applications on the ground that the
petitioners failed to establish that the employees in favour of whom
registration is sought were not found as per the registers
maintained by them. They were not found engaged in any loading
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and unloading works in petitioner No.1 firm. In Ext.P17, it was found
that the workers were employed in another firm. As per order
dated 12.08.2024 respondent No.3 (Assistant Labour Officer,
Malappuram) rejected the applications filed by the petitioners. The
petitioners challenged Ext.P17 before the appellate authority under
Rule 26C of the Kerala Headload Workers Rules. The appellate
authority confirmed Ext.P17 order and passed Ext.P19 order.
3. I have heard the learned counsel for the petitioners, the
learned Standing Counsel for the Kerala Headload Workers Welfare
Fund Board and the learned Government Pleader.
4. The learned counsel for the petitioners, relying on Exts.P10
Muster Roll and P11 Wage Register, submitted that the workers for
whom registration was sought were working in petitioner No.1 firm.
It is submitted that the competent authority did not give sufficient
opportunity of hearing to the petitioners.
5. The learned Senior Government Pleader submitted that the
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petitioners did not produce any materials to show that the workers
were employed in petitioner No.1 firm.
6. The learned counsel appearing for respondent No.4 Board
submitted that sufficient opportunity was given to the petitioners
and they did not place any material to establish their contentions.
7. The learned Senior Government Pleader submitted that the
genuineness of Exts.P10 and P11 is a matter to be established by the
petitioners.
8. Having regard to the submissions, this Court is of the view
that the petitioners shall be given further opportunity to lead
evidence especially in view of the production of Exts.P10 and P11.
Therefore, Exts.P17 and P19 orders stand set aside. The matter
stands remitted to respondent No.3. Respondent No.3 is at liberty
to consider the genuineness of Exts.P10 and P11. The petitioners
are at liberty to produce further evidence in the matter.
Respondent No.3 shall consider the matter afresh and pass orders
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on the applications submitted by the petitioners, after affording
opportunity of hearing to both sides, within three months from the
date of production of a certified copy of this judgment.
The Writ Petition is disposed of as above.
Sd/-
K.BABU,
JUDGE
KAS
2025:KER:68532
APPENDIX OF WP(C) 31300/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF GST CERTIFICATE OF THE 1ST
PETITIONER DATED 15.07.2024
Exhibit P2 TRUE COPY OF APPOINTMENT LETTER ISSUED
BY THE 1ST PETITIONER TO THE 2ND
PETITIONER
Exhibit P3 TRUE COPY OF APPOINTMENT LETTER ISSUED
BY THE 1ST PETITIONER TO THE 3RD
PETITIONER
Exhibit P4 TRUE COPY OF APPOINTMENT LETTER ISSUED
BY THE 1ST PETITIONER TO THE 4TH
PETITIONER
Exhibit P5 TRUE COPY OF APPOINTMENT LETTER ISSUED
BY THE 1ST PETITIONER TO THE 5TH
PETITIONER
Exhibit P6 TRUE COPY OF SERVICE RECORDS OF THE 2ND
PETITIONER MAINTAINED BY THE 1ST
PETITIONER
Exhibit P7 TRUE COPY OF SERVICE RECORDS OF THE 3RD
PETITIONER MAINTAINED BY THE 1ST
PETITIONER
Exhibit P8 TRUE COPY OF SERVICE RECORDS OF THE 4TH
PETITIONER MAINTAINED BY THE 1ST
PETITIONER
Exhibit P9 TRUE COPY OF SERVICE RECORDS OF THE 5TH
PETITIONER MAINTAINED BY THE 1ST
PETITIONER
Exhibit P10 TRUE COPY OF ATTENDANCE REGISTER OF THE
1ST PETITIONER FIRM FOR THE PERIOD
DECEMBER 2023 TO JUNE 2025
Exhibit P11 TRUE COPY OF WAGE REGISTER OF THE 1ST
PETITIONER FIRM FOR THE PERIOD DECEMBER
2023 TO JUNE 2025
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Exhibit P12 TRUE COPY OF REGISTRATION CERTIFICATE
DATED 7.12.2023 ISSUED UNDER THE KERALA
SHOPS AND COMMERCIAL ESTABLISHMENTS ACT
TO THE 1ST PETITIONER.
Exhibit P13 TRUE COPY OF APPLICATION DATED 11-12-
2023 SUBMITTED BY THE 2ND PETITIONER TO
THE 3RD RESPONDENT.
Exhibit P14 TRUE COPY OF APPLICATION DATED 11-12-
2023 SUBMITTED BY THE 3RD PETITIONER TO
THE 3RD RESPONDENT.
Exhibit P15 TRUE COPY OF APPLICATION DATED 11-12-
2023 SUBMITTED BY THE 4TH PETITIONER TO
THE 3RD RESPONDENT.
Exhibit P16 TRUE COPY OF APPLICATION DATED 11-12-
2023 SUBMITTED BY THE 5TH PETITIONER TO
THE 3RD RESPONDENT.
Exhibit P17 TRUE COPY OF ORDER NO. 215/2024 DATED
12.08.2024 OF THE 3RD RESPONDENT
REJECTING THE 26A APPLICATIONS.
Exhibit P18 TRUE COPY OF APPEAL DATED 09.09.2024
FILED BY THE PETITIONERS BEFORE THE 2ND
RESPONDENT
Exhibit P19 TRUE COPY OF ORDER NO. C-19599/2024
DATED 13.01.2025 OF THE 2ND RESPONDENT.
